GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE B. LEGISLATION
CHAPTER 313. NOTICE FOR LOCAL AND SPECIAL LAWS
Sec. 313.001.
NOTICE.
A person who intends to apply for the
passage of a local or special law must give notice of that
intention as prescribed by this chapter.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 313.002.
PUBLICATION OR POSTING OF NOTICE FOR LAWS
AFFECTING LOCALITIES.
(a)
A person who intends to apply for the
passage of a local or special law must publish notice of that
intention in a newspaper published in the county embracing the
locality the law will affect.
(b)
The notice must be published once not later than the 30th
day before the date on which the intended law is introduced in the
legislature.
(c)
The notice is sufficient if it contains a statement of
the general purpose and substance of the intended law.
Publication
of the particular form of the intended law or the terms used in the
intended law is not required.
(d)
If the intended law will affect more than one county, the
person applying for passage of the law must publish notice in each
county the law will affect.
(e)
If a newspaper is not published in the county, the person
applying for passage of the law must post the notice at the
courthouse door and at five other public places in the immediate
locality in the county the law will affect.
(f)
The posted notice must accurately define the locality the
law will affect.
(g)
The notice must be posted for at least 30 days.
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Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 313.003.
AFFECTING PERSONS.
PUBLICATION
(a)
OF
NOTICE
FOR
LAWS
PRIMARILY
If a resident of this state intends to
apply for passage of a law that will primarily affect persons and
will not directly affect a particular locality more than it will
affect another, the person applying for passage must publish notice
in a newspaper published in the county in which the person resides
in the same manner as if the law will affect the locality.
(b)
If the applicant is not a resident of this state,
publication of notice in a newspaper published in Austin is
sufficient.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 313.004.
PROOF OF PUBLICATION OR POSTING.
(a)
If
publication of notice in a newspaper is required by law, proof of
publication shall be made by the affidavit of the publisher
accompanied by a printed copy of the notice as published.
(b)
Proof of posting may be made by the return of the sheriff
or constable or by the affidavit of a credible person made on a
copy of the posted notice showing the fact of the posting.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 313.005.
INTRODUCTION OF LAW.
When a local or special
law is introduced in the legislature, the law must be accompanied
by competent proof that notice was given.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec.
313.006.
MANAGEMENT DISTRICTS.
NOTICE
(a)
FOR
LAWS
ESTABLISHING
MUNICIPAL
In addition to the other requirements
of this chapter, a person, other than a member of the legislature,
who intends to apply for the passage of a law establishing a
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special district that incorporates a power from Chapter 375, Local
Government Code, must provide notice as provided by this section.
(b)
The person shall notify by mail each person who owns real
property in the proposed district, according to the most recent
certified tax appraisal roll for the county in which the real
property is owned.
The notice, properly addressed with postage
paid, must be deposited with the United States Postal Service not
later than the 30th day before the date on which the intended law
is introduced in the legislature.
(c)
The notice is sufficient if it contains a statement of
the general purpose and substance of the intended law.
Notice of
the particular form of the intended law or the terms used in the
intended law is not required.
(d)
The person is not required to mail notice to a person who
owns real property in the proposed district if the property cannot
be subject to an assessment by the district.
Added by Acts 2005, 79th Leg., Ch. 981 (H.B. 1830), Sec. 1, eff.
September 1, 2005.
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